Planning Commission Minutes

Tuesday, July 12,2005



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
July 12, 2005 - 5:00 p.m.


PRESENT: Chairman Gil Almquist
Commissioner Myrna Stout
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Chapin Burks
Commissioner Vince Clayton
Commissioner Ron Bracken
Deputy City Attorney Ron Read
Community Develop. Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
City Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks

EXCUSED: Council Member Suzanne Allen


CALL TO ORDER

Chairman Almquist called the meeting to order, welcomed those in attendance. Chairman Almquist led the flag salute.

FINAL PLATS

A. Consider approval of a final plat for Serenity Hills with 102 single-family residential lots located at 2000 South and 2780 East. Mr. Bryce Rowley, representative. Case No. 2005-FP-041

Chairman Almquist stated that the final plat 1A is being tabled by the request of the applicant.

MOTION: Commissioner Stout made a motion to table a final plat for Serenity Hills with 102 single-family residential lots located at 2000 South and 2780 East. Mr. Bryce Rowley, representative, per the applicants request. Commissioner Burks seconded the motion. All voted aye.


B. Consider approval of a final plat for Kachina Springs East Phase 2 with 70 single-family detached patio home lots located east of Snow Canyon Parkway at approximately 2600 North. Mr. Richard Allen, representative. Case No. 2005-FP-043

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C. Consider approval of a final plat for Paragon Cove Townhomes at Stone Cliff Phase 4 with 22 single-family detached patio homes located south of 1450 South Street at approximately 2000 East. Mr. Gail Maxwell, representative. Case No. 2005-FP-044

D. Consider approval of a final plat for Bloomington Courtyard Commercial Center Phase No. 5 with 1 commercial lot located at 2710 South Street, west of Pioneer Road. Mr. Hal Magelby, applicant. Case No. 2005-FP-045

E. Consider approval of a final plat for Bloomington Courtyard Professional Office Condominiums with 6 units located at 2710 South Street, west of Pioneer Road. Mr. Hal Magelby, applicant. Case No. 2005-FP-046

F. Consider approval of a final plat for Tuscany Ridge Subdivision Phase 1 with 42 single-family residential lots located at 540 North and 1620 West. Mr. Brent Goodwin, applicant. Case No. 2005-FP-047

Chairman Almquist read final plats B through F into the record.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a final plats B through F and authorize chairman to sign. Commissioner Burks seconded the motion. All voted aye.


Commissioner Clayton stepped down for the next final plat due to conflict of interest.

G. Consider approval of a final plat for The Terraces at Seven Hills Phase 2 with 33 single-family residential lots located at Tuweap Drive and 1350 North. Ence Homes, applicant. Case No. 2005-FP-048

MOTION: Commissioner Stout made a motion to recommend to City Council approval of
a final plat for The Terraces at Seven Hills Phase 2 with 33 single-family residential lots located at Tuweap Drive and 1350 North. Ence Homes, applicant, and authorize chairman to sign. Commissioner Campbell seconded the motion. All voted aye.


PUBLIC HEARING - GENERAL PLAT AMENDMENTS

A. Consider a request to amend the General Plan - Land Use Map to change the land use designation of Open Space to Commercial on approximately 9.29 acres on property located east of the Riverside Drive extension, northwest of the Virgin River, and south of Nettas Knoll. Mr. Sheldon Johnson and Mr. Kris Johnson, applicants. Case No. 2005-GPA-001
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Mark Bradley stated this is to amend the general plan land use designation from Open Space to Commercial. The applicants would like to construct storage units at the said location. Approximately 85% of the said property is located within the erosion hazardous area. The site is located outside of the 100-year flood line. Mark said the following are comments, considerations and recommendations;

The site could most likely be mitigated. The problem is what effects/impacts would be created up and down the stream. Mitigation of the site could and would change the natural patterns of the river. What are the long-term impacts on properties both up and down the stream?
The main damages from recent flooding this late winter/early spring was from erosion.
Rosenberg Associates, the applicants engineers should provide a recommendation along with information on potential impacts on the surrounding properties (up and down the stream).
Whatever is approved for this project would set a precedent.
The standards as identified in Chapter 23 of the Zoning Regulations would be required. The Planning Commission would need to decide when the items below should be addressed.

Commissioner Taylor asked what constitutes the erosion hazard area where it is outside the 100-year flood plain. Mark said he will turn that question over to Jay Sandberg.

Jay Sandberg City Engineer replied there are two hazards one is a flooding hazard and the other is a meandering erosion constant changing of the river. The problem is the ordinance really doesnt address the zoning. When they met with the applicant and their engineer before the zone change, they determined they would do a preliminary erosion study. They have done tests on the site to look at some of the soils on the site. At the time they met with the applicant and engineer they were not aware they were moving forward with this general plan amendment. As far as the requirements of the City the engineer has to give their professional opinion to whether that development would create a problem for itself but also for other developments in the area. This is something the Planning Commission needs to look at.

Chairman Almquist said request a different amendment to the General Plan has safe guards. Jay said the Virgin River has a tendency to meander. It is an unstable river in some levels.

Commissioner Taylor said, what about the vegetation and will that have an effect on the river. Jay said the area has been cleared due to the flood.

Tim Fry with Rosenberg Associates said they have met with staff and the City engineer. They understand there will be an erosion hazard study that will have to be preformed. To move this General Plan Amendment forward they had to get the application in months ago. It would be

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their plan to have the erosion hazard plan done so they would have a better understanding. The applicants thought it was a good site for storage units based on the development in the area.

Sheldon Johnson said they are aware of the erosion. He stated that back about 40 years ago they were in the middle of an erosion so they lined their property with concrete by 150 wide and 12 ft. deep. Between the river and the parcel is 700 ft. of pasture ground. This will always remain there. He said that 90% of the erosion boundary is hard clay and rock. He feels this project will beautify the area.

Kris Johnson said it is zoned R-1-10 right now. He and his father would rather see it zoned commercial.

Rich Lewis said he has property in that area. This project brings concerns to him. He is concerned about this being a junk area. He bought property along Foremaster Ridge south. On the west side of the road it was R-3 property and the City requested from them to have it zoned R-1-10 single-family. There will be high quality residential around the project.

Chairman Almquist asked Deputy City Attorney Ron Read, just to make it clear they are asking for commercial but the City is not clarifying what type of commercial. Deputy City Attorney Ron Read said that is correct.

Doug Pierce has a piece of property that looks down on this parcel. This has been a real junk yard down there for quite some time. If you do move forward, please make sure, he gets rid of the trash.

Sheldon Johnson said there is a 12-inch line of water from the dam down to that property. They plan on planting trees and will make it look beautiful. It is their desire to make it as beautiful as can be. He wants them to see nothing but the storage units and a white picket fence.

Kris said it will be similar to the Swiss Bank Storage units. It will be very controlled. It seems like a good thing to do.










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MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request to amend the General Plan - Land Use Map to change the land use designation of Open Space to Commercial on approximately 9.29 acres on property located east of the Riverside Drive extension, northwest of the Virgin River, and south of Nettas Knoll. Mr. Sheldon Johnson and Mr. Kris Johnson, applicants. Commissioner Taylor seconded the motion.

Chairman Almquist stated let the record show that the motion does not insinuate any type of specific use.

Commissioner Burks voted nay. The motion carried 5 to 1.


B. Consider a request to amend the General Plan - Road Master Plan to eliminate a master planned 50 ft. right-of-way designated to extend north to northeast from 2780 East at the location of Rasmussen Drive and 2780 East Street intersection and connect into 3000 East Street at the vicinity of 1700 South. Mr. Ryan Button, applicant. Case No. 2005-GPA-002

Mark Bradley said this request is to amend the general plan road master plan. Mark said that on June 14, 2005, the Planning Commission determined a proposed adjustment to the alignment of the road master plan is significant due to the nature of the road connection into 2780 East Street and would require a public hearing. The applicant consented to the motion and did not pursue further review by the City Council. The request however changed from shifting the road east to eliminating the 50 ft. master planned road altogether.

Mark said staff supports the General Plan - Road Master Plan as approved by the Planning Commission and City Council. Please note that not all 50 ft. rights-of-way are shown on the road master plan. Primarily critical connection streets are provided for circulation and connectivity.

Jason Tuttle with Bush and Gudgell said this was considered an oversight when they planned the master plan road. The developable area in there is only about 25-30 acres. The 50 ft. master plan road does not fit into the overall traffic pattern. This connectivity could be accomplished through other areas that the City has in place. In reality they would like the City to not micro manage the development occurring in this small area. They would like to be able to develop.

Mr. Larsen said they are against abandoning the road because eventually there needs to be another outlet. They are not planning on developing at this point. There needs to be another road to tie into 3000 East. The only reason the applicant wants to abandon this road is they want to be able to get more lots. The owner of the property should have known what the master plan road would have been.

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Jeannette Rawlings said she is in favor to abandoning it. She does not want roads on both sides of their properties on the north or the south.

Jay Sandberg City Engineer said the 50 ft. road will shift down. What they are proposing is to put the roads through their property and back the lots up against the irrigation lines. Then the City would look at the adjacent properties to see how that would work.

Commissioner Stout asked if the Larsens were aware of what the City is looking into. Jay said they are not. The first person in and the first person to develop is the one who normally dictates who will make that happen.

Don Rawlings said the east side of their property line is in Washington City. They talked about the sewer line when it comes in. He is in favor of eliminating the road. If the City could come off 1600 South instead, this would be an ideal thing for the City.

Dave Young said he owns the home just north of the proposed abandonment. He doesnt feel it should be a 50 ft. road, and he would be in favor of abandonment.

Natalie Larsen said however, it is not fair to a property owner who is not prepared to develop at this point to be subject to having everyone put the roads on them and carry the burden. This road is needed.

Commissioner Clayton asked Jason Tuttle if they were talking about moving the road two feet.

Jason Tuttle said Natalie Larsen mentioned moving the road two feet to the west. They cant do that because they need to line up with 2780 East. In order to get the amount of asphalt to be able to build the road to where it is master planned and use it, they would need 25 ft. of asphalt. So they would need an additional 2 to 3 ft. of property from the Larsens.

Commissioner Stout said she feels uncomfortable making a motion while the neighbors are still not in agreement with this. She feels all the effective property owners need to be working together with the City.

Jay Sandberg said at the last meeting they look at an alternative road. There was no strong alternative. This is the position the developer has taken. The next step in the clients eyes is to eliminate the road. Jay hasnt heard a good reason to eliminate the road yet. There still needs to be circulation and access.


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Commissioner Bracken said putting the road where it is now master planned puts a double frontage on this subdivision that is trying to go in there right now. If the road is moved over to the Larsens property then there would not be double frontage on the lots that are now being proposed, and there would not be double frontage on the lots on Larsens side. Logically this road needs to be moved over.

Bob Nicholson said this subdivision has no preliminary approval. This is only proposed. Commissioner Taylor said the issue is, should the road be abandoned.

MOTION: Commissioner Taylor made a motion to recommend to City Council denial of a request to amend the General Plan - Road Master Plan to eliminate a master planned 50 ft. right-of-way designated to extend north to northeast from 2780 East at the location of Rasmussen Drive and 2780 East Street intersection and connect into 3000 East Street at the vicinity of 1700 South. Mr. Ryan Button, applicant. Commissioner Stout seconded the motion.

Commissioner Taylor voted aye
Commissioner Campbell voted aye
Commissioner Stout voted aye
Commissioner Burks voted aye
Commissioner Bracken voted nay
Commissioner Clayton voted nay

The motion carries.


Chairman Almquist stated that the board would like to request that those here respect the right of the applicant to make such a request. Make your comments relative to the issues and not any personal attacks, which they have had in the past. He would also like to add that this is a item to determine a significant change. It is not necessarily a zone change.

DETERMINE SIGNIFICANT CHANGE

Determine whether or not a proposed town homes development (Oasis at Hidden Valley) is a significant change to the Hidden Valley - Fossil Hills Planned Development and would require a public hearing. The site is located at the vicinity of Hidden Valley Drive and Price Hills Drive, west of Desert Hills Drive. Sean Glather, applicant. Case No. 2005-DSC-005

Mark Bradley stated the applicant has approached him and requests this item be tabled until they have time to talk to the residents. Chairman Almquist said anytime a group of people change their whole night to come and talk about something that it should be done. Then they will gain PLANNING COMMISSION
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some insights from a public forum as to what comments they want to make even if it is tabled or what adjustment they may want to make.

Mark Bradley said this is a determination of whether or not a proposed town home development (Oasis @ Hidden Valley) is a significant change to the Hidden Valley - Fossil Hills Planned Development and would require a public hearing.

Mark said there are designations of uses and densities throughout that area, such as open space, and the proposed park which is owned by the State Trust Lands. The request by the applicant felt it was more of an average of densities. Mark went over the changes to the proposed development.

Staff comments are:
1. This determination is to be made based on the request to develop the town home concept overlapping two designated density bubble areas, and a portion of the community park still under ownership of the State Trust Lands. The request would be an average of the two designated and allowable densities. The State Trust Lands have committed to provide the same acreage for the community park contiguous with the proposed adjustments.
2. A courtesy letter was mailed out to the adjacent property owners. The Hidden Valley portion of the overall Hidden Valley - Fossil Hills Planned Development has gone through a couple of amendments. The original PD master plan will be exhibited at the meeting. A copy of the subject area, proposed site plan, and the Hidden Valley Land Use Data sheet will be included in the report.
3. After further review of the PD text, more particularly the land use data portion of the text, it is identified that the 5.5 du/acre area is designated as a PUD with 4,500 sq. ft. lots. This information establishes a significant change as far as the use is concerned, a change from the type of housing compared to averaging densities. The applicants were looking at the request as more of a density average rather than that of a changed use.

Commissioner Clayton said he remembers when this area came through. It seems to him about 6 years ago it came through the City for the master plan. Things change in that time. Now the change has been done to accommodate the current marketplace. He doesnt see this as an overall change.

Curt Gordon with SITLA said they dont share staffs opinion that this is a significant change. They would like to request that this be tabled so they would have time to talk to the residents.

Chairman Almquist asked if parcel 1.4 and 1.7 have been swapped? Curt said that process has already been done. Curt said the parcel they are talking about now under the old plan would PLANNING COMMISSION
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have been a church. They came to City Council some years ago and changed that configuration back in 1999. They have talked to staff about different use.

Chairman Almquist said he wondered how many people bought a home in 1.8 and were told in 1999 that flip flop had been made. Curt replied he did not know. Curt said the request is to table this issue.

Chairman Almquist asked if he thought the area developed quickly and that was a positive thing, and therefore might deserve a little bit more shuffling rather than the division in 1999. Curt said no. The reason they are pursuing this is because it is the last area to be developed. Chairman Almquist said how many units are you asking for. Curt said it will be 8 units per acre which is an increase in density.

Scott Rockwood said they are delighted to have some progress down there. They have put a group together to study this issue. The most significant concern they have is when people moved to this neighborhood they were told that would be a church and a park. If this was simply about a sewer then it is something that could be talked about. There is no accessibility to the park. Traffic is a huge concern. The key concern is, it was initially planned to have a 5.5 in 1.4 on the master plan and that was switched. It is their desire to have that stand. If you are going to change the church then do it as a straight swap.

Commissioner Clayton informed the Chairman he would like to call a question and move on.
Chairman Almquist said he promised them that they could be heard until 6:30 p.m.

David Frisby said he lives directly east of this development. They planned on a church being there. With this switch it would be a change of density and as well as uses. By bringing in higher density into a neighborhood it would bring in more crime into the area.

Duncan Larsen he said he is a law enforcement officer who lives in Desert Hills. Crime statistics show that high density residential housing has crimes. Bringing this development close to them will bring in more crime. The concern of the community is the quality of life in this area. It will be a high traffic area.

Commissioner Campbell said just for the record the church is out for bid.

Chairman Almquist said there will be a motion. Commissioner Clayton called the question.

MOTION: Commissioner Clayton made a motion at the request of the applicant to table this item until the August 9th meeting. Commissioner Bracken seconded the motion. All voted aye.

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PUBLIC HEARING - ZONE CHANGE

Consider a zone change request to adjust existing zone boundaries between two zones, R-2 (Multiple-Family Residential) and R-1-10 (Single-Family Residential) in preparation of the Stonebridge Drive extension alignment and connection to Valley View Drive. The site is located west of Valley View Drive at approximately 150 South, south of the Pebble Creek Subdivision. The acreage adjustments are: R-2 (7.08 acres to 6.51 acres) and R-1-10 (11.25 acres to 11.82 acres). Mr. Richard Hafen and Mr. Jeff Rogers, applicants. Case No. 2005-ZC-023

Mark Bradley presented a color rendering of the parcel. The primary purpose of this request is to redefine the zoning of this parcel. Zoning reduces the R-2 and increasing the R-1-10. Staff does not see any problems with the request.

Mark Bradley said this is to adjust zone boundaries between two zones. The combination of zones of R-2 and R-1-10. The property is currently vacant. Mark said that staff comments are;

1. The adjustment would match the proposed road alignment, which would allow one zone to be completely on one side of the road and the other on the other side of the road.
2. The zone change does not increase inconsistency with the general plan (In reference to the existing R-2, Multiple Family Residential zoning within a low-density residential land use designation).

Ryan Jolley from Alpha Engineering said they have been involved with this more than 3 months. That is a 66 ft. road from Stonebridge Drive. It was a road that was planned to enter a subdivision. They worked out 20 or 30 different alignments with that road to finally come up with this one. It is basically their only option. There is a blind spot, but there is sufficient sight distance. They were limited to what they had to work with.

Commissioner Burks asked why is that the only way for the road to go through? Ryan replied they tried to run the road straight through but the property owner of the Presbyterian Church wanted a property exchange and additional money. So they couldnt do that.

Commissioner Clayton said it seems to him that the way the road comes down is an extremely dangerous location, especially in consideration of all the people who live in Coventry, Pointe West and the new one going in and the amount of the traffic that will come out onto Valley View.


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Jay Sandberg City Engineer said he has spent quite a bit of time looking at this. This is not ideal but it does work in that location. This road is not a master plan road. It does have adequate sight distance. Jay said it meets the requirements of the City. This would be better than the 100 North intersection.

Ruby Nerivers who lives in Pebble Creek, said they were told that this area was protective wetland. The City fixed the road to Valley View but when they did that it took away the stream. No one told them that would happen. The wet lands are slowly dying. Now they want to build duplexes and remove the wet lands. This will block her view. The other thing she worries about is the flooding. If this is made level with her property, then she would be worried about her property flooding every time it rains.

Ruth Cooper said they have never been notified that it was zoned R-2. Chairman Almquist explained the request is to reduce the zone down.

Jack Hinkle asked when the zoning took place. Bob Nicholson said it has been zoned in that area for about 20-30 years. Jack feels this will bring the quality of their homes down.

Jason Vale asked why cant that access be a cul-de-sac. Commissioner Stout said they need that connectivity. Jason is concerned about the traffic.

Commissioner Burks asked if the street drawn is that the only way Stonebridge could go? Bob noted Alpha Engineering said they have looked at numerous alternatives. The only other alternative would be to go through the church property.

Jeff Rogers who is one of the owners of this property, said this property was his grandfathers. This is the last piece of land to be developed in this area. He has met with the church several months to try and do anything they can. But they have their agenda and plans for a church so it was not going to work out with what they were going to do. They recognize the need for an east/west access. They have tried to accommodate with the City and they are not happy with a 66 ft. road going through there. They plan on making very nice townhomes. They have tried other options. Commissioner Bracken asked if these will only be duplexes. Jeff said it will be only duplexes. Some of these could be purchase for use, or have them rented out.

Commissioner Clayton said the church has talked about exchanging a site. Jeff said yes if you consider it an exchange. The church wanted to give them their 2.3 acres for our 5.0 acres, plus give them 200,000 cash.


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Commissioner Clayton said he wants to go on record to say there is going to be lives lost at this intersection and that will bear an incredible cost. Jeff said the issue is the City needs a master road through this area. Commissioner Clayton said he lives there and that is dangerous area. Jeff said this is a problem that comes with development. Jeff stated he feels bad that the residents of Pebble Creek thinks this was a wetland. The area has never been a wetland.

Chairman Almquist said the piece of R-3 in other ways would directly line up with Indian Hills Drive. It is due for an upgrade. Have you considered acquisition of that property and perhaps some raising and redeveloping that Jeff said they have. This would be cost prohibitive at this point.

MOTION: Commissioner Stout made a motion to recommend to City Council approval for a zone change request to adjust existing zone boundaries between two zones, R-2 (Multiple-Family Residential) and R-1-10 (Single-Family Residential) in preparation of the Stonebridge Drive extension alignment and connection to Valley View Drive. The site is located west of Valley View Drive at approximately 150 South, south of the Pebble Creek Subdivision. The acreage adjustments are: R-2 (7.08 acres to 6.51 acres) and R-1-10 (11.25 acres to 11.82 acres). Mr. Richard Hafen and Mr. Jeff Rogers, applicants. Commissioner Taylor seconded the motion.

Commissioner Clayton voted nay
Commissioner Campbell voted aye
Commissioner Burks voted aye
Commissioner Bracken voted aye
Commissioner Stout voted aye
Commissioner Taylor voted aye

The motion carries.

PUBLIC HEARING - AMENDMENTS TO ZONING REGULATIONS

A. Consider a request to amend Title 10, Chapter 2 Definitions, Section 10-2-1; Title 10, Chapter 7 Residential Estates Zones, Section 10-7A-2 Permitted Uses; Title 10, Chapter 7 Single Family Residential Zones, Section 10-7B-2 Permitted Uses; Title 10, Chapter 7 Residential Central City Zone, Section 10-7F-2 Permitted Uses; Title 10, Chapter 5 Agricultural Zones, Section 10-5-2 Permitted Uses of the St. George City Code addressing guest houses (casitas) as a permitted use subject to specified standards. City of St. George initiated. Case No. 2005-ZRA-005


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Commissioner Clayton asked if the item contains the changes that the Planning Commission suggested from the last meeting. Ray replied yes.

Ray said what you saw last time was adding a guest house, and what has been added this time because of conversation from the last Planning Commission meeting, is adding a definition of kitchen and temporary guests.

Ray said what has been added is the detached for a guest house for clarification. In addition, the other new wording for a guest house is, Such facilities shall not contain kitchen facilities and shall not be rented independently from the main dwelling unit.

Ray said the definition for kitchen is, Shall mean any room or portion of a room used, intended, and designed to be used for cooking or the preparation of food, including storage and refrigeration. A kitchen consists of a stove (gas or electric), family sized refrigerator (7.75 cubic feet or greater), sink (larger than 12 inches wide), dishwasher, pantry, and cabinets. Ray said the reason this has been added so the public will know exactly what type of kitchen can be added to a guest house. Which would be to have a very small refrigerator and keep the size down, a microwave and small sink.

Ray also stated that temporary guests definition was added. Shall mean guests whose duration of visit shall be less than thirty (30) days.

Ray continued to go over the criteria for a Guest House or Casita.

Commissioner Clayton said they need to add leased or rented or sublease or sub-rented. Ray said he made a note of that.

Ray said the other item that is new is a Guest House Permit. He pointed out the charge of $300 which is similar to the Conditional Use Permit charge.

Commissioner Clayton thought that $300 is very steep. Chairman Almquist asked if they would be charged an impact fee, building fees. Commissioner Stout said $300 is too much. Bob Nicholson said lets review the fee at a later date.






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MOTION: Commissioner Stout made a motion to recommend to City Council approval for a request to amend Title 10, Chapter 2 Definitions, Section 10-2-1; Title 10, Chapter 7 Residential Estates Zones, Section 10-7A-2 Permitted Uses; Title 10, Chapter 7 Single Family Residential Zones, Section 10-7B-2 Permitted Uses; Title 10, Chapter 7 Residential Central City Zone, Section 10-7F-2 Permitted Uses; Title 10, Chapter 5 Agricultural Zones, Section 10-5-2 Permitted Uses of the St. George City Code addressing guest houses (casitas) as a permitted use subject to specified standards. City of St. George initiated, subject to the determination of the fee to happen at a later date. Commissioner Burks seconded the motion. All voted aye.


Chairman Almquist adjusted the agenda for item 5 to be heard next.

CONDITIONAL USE PERMIT

Consider a conditional use permit request to construct a community sports complex park on approximately 16 acres located at Horseman Park Road and 2350 East. City of St. George, applicant. Case No. 2005-CUP-023

Ray Snyder said this permit is to construct a community sports complex and an irrigation pump station. The site is on vacant property located behind the Knolls subdivision. The site is also in close proximity to Little Valley Elementary School (presently under construction), and a proposed future intermediate school site. The site includes a sports complex, concession stand (1,600 sq. ft.), maintenance shed (2,160 sq. ft.), and pump station (532 sq. ft.). The pump system will be used to water the ball fields and also for the school in the future. They are recommending 107 parking spaces. Staff feels this would be a really nice addition to the area and recommends approval.

Kent Perkins the Leisure Services Director said about 5 or 6 years ago the school district approached the City and said they wanted to purchase the land that is currently Snow Park ball diamonds. The City indicated they would be willing to accommodate the school district but the school district had to provide an alterative site. So this particular site where the ball diamonds are located is the site that was provided by the school district. Kent said at the time that happened there were essentially 3 neighbors near the site. Kent said they did recognize that sometime in the future there would be growth out there. So it was determined that they needed a neighborhood park in this area. They were also looking for a site for soccer because they wanted to remove the soccer program from Bluff Street Park which is too small. Through a series of trades and acquisitions as well as the trade with the school district, they acquired 54 acres of property adjacent to what will be an intermediate park. They determined to come up with this particular plan as a best use scenario.

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Kent said they have moved slower than desired. They should have had this done before any of the residential areas went in. The master plan is about 3 or 4 years old.

Council Member Allen said are they still using the design that was developed by French. Kent said they are trying to get a feel for the area to see if this design would be appropriate.

Commissioner Stout said if they are talking City owned property, then she is trying to make this a minimum effect on the property owners. These fields will be used well after 10:00 p.m. Kent said that is one of the concerns of the neighbors. What he has indicated to them is that they have the ability to control the lighting.

Kent said when they developed the Entrada park they went out and found the most technically sophisticated lights they could find to minimize the spillage of the lights. What they found is the actual spillage lights have very little impact on the neighbors. Kent said when they proposed this facility, City Council committee gave them permission to find a more technically significant light system. They have found lights called the screen system. The screen system is suppose to reduce as much as 50% more light than the original lights where suppose to do. They also reduced the number of lights. In their promotion materials and research they are trying to find the most sophisticated lights they can.

Kent said the City controls the scheduling of the fields. The intent is that tournament plays are on Fridays and Saturdays. He said they have one tournament a year that goes all night. Then they have league play which starts sometime in March and continues into the summer and then there is a gap. It goes again and then they quit in November. So the intent is not to have a layer of events.

Council Member Allen said this goes along with the school. There was going to be sharing of the land with the school. In addition there is a pond to irrigate the lawns. This was promised as a park to this area. Also to be able to have the soccer games there and not worry about traffic. This will be a wonderful park in the area.

Commissioner Stout said she is sure they could do something to mitigate the lights such as trees. Kent said they have designed different lights on the walkways and the parking lots. The police have been very supportive with their bicycle patrol. They come to the events and are there typically for security. Kent said the parking will be near the school that is being proposed. It will be shared with the school. The area will be away from the development for parking. There will be no parking allowed on the road that will be the trail system.


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Gail Godfrey said she is concern that there is no buffer zone. The lighting and the noise is her concern. She wants the park to go down more to the south.

Kent Perkins said the actual property line of the park is 18 ft. short of their property line. They are trying to acquire that 18 ft. The intent is to acquire that parcel and to landscape that stretch.

Sandy Esplin said this is a big concern in the Little Valley area. They understand about the school system. Her concerns are the lights and the PA system. The Snow Canyon Park has lights very far away from existing homes. The tournaments are one of her concerns. The soccer fields are right against the homes. As far as the easement, they would rather not have them. She is concerned about people parking in the neighborhoods and walking down to the park.

Mike Trumay said he is concern on the light and noise pollution. His concern is keeping control over the fields. He would like to see a schedule for lights to be off.

Jeff Frazier said he excited about the ball field. Someone called him today because he is a lighting professional. He said every community needs a park. It is very possible to design spot lighting to cut off right at the property line. When he drove by the Snow Canyon Parkway he was appalled by the lighting at the park. Whatever the legal limit is - it is not enough. He suggests that they hire a lighting professional.

Linda Williams lives in the Knolls area. She is also concerned about the lighting and PA system. She wanted to know if there could be controls on the lights. She would like more information to where the neighborhood access will be.

Kent Perkins said they do have a public meeting whenever they propose a park. Any where you build a facility there is a vision to what could happen and after the facility is in then they get an in-flux of people that come in and asked them for better access. They try to negotiate at least two access points so the residents could come down and walk into the neighborhood park. When they have a public meeting with the neighbors, they will go over the public accesses.

Kent said they dont plan on sound systems. When they have championship games, they bring out a portable sound system. They dont plumb for a sound system.

Al Burningham said he would like to see more diversity. It is designed for very little for the people in the neighborhood. He would like to see basketball, tennis courts, a jogging path around the perimeter.


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Elizabeth Simmons said this park seems to be reversed. This serves not the community. Her children will not be able to get to it without her driving them to it. She said those lights will shine. She would like to see the ball fields move down. The parking is not enough. In addition the school will bring in more traffic as well. It is a great park but it needs to be looked at.

Kent Perkins said the planning for the park took place before any of these subdivisions where thought about. They tried to acquire enough land and when the developers began the process seeking out the property to develop, they did try to negotiate with them hard and long to create buffer zones. At that time they laid out plans and said this probably going to layout the facilities. They encouraged the developers to recognize that.

Chairman Almquist said in the last Knolls phases request, they were looking at these parks as a huge marketing plus, and when Meadow Valley came in and Quality spoke, they spoke of the softball complex specifically as being a marketing tool.

Kent Perkins finished by saying they have done the best job they could for this park. They have not really short changed the search for lights. Commissioner Stout asked would it not be an easy switch to move the ball fields to the soccer fields? Kent said this will not work.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit request to construct a community sports complex park on approximately 16 acres located at Horseman Park Road and 2350 East. City of St. George, applicant.. Commissioner Campbell seconded the motion.

Commissioner Clayton voted nay
Commissioner Stout voted nay
Commissioner Bracken voted nay
Commissioner Taylor voted aye
Commissioner Campbell voted aye
Commissioner Burks voted aye
Chairman Almquist voted aye. The motion carried.


B. Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 10 Commercial Zones, Section 10-10-5 Special Provisions establishing a design review and approval process for commercial buildings with 40,000 sq. ft. or more. City of St. George initiated. Case No. 2005-ZRA-006



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Bob Nicholson said basically in a PD zone it goes through a design review. If it is a straight commercial zone, the Planning Commission and City Council dont have any design review presently. So this is amended to require new commercial buildings with the ground floor area of 40,000 sq. ft. or more to go through a design review process similar to a planned development. Bob said the use would not be a question.

Bob Nicholson read into the minutes the special provision which is being proposed to be added into Chapter 10. They have tried not to get too extensive with the wording. This will give Planning Commission and City Council the design review which you already have in a PD zone.

Commissioner Stout said give examples of buildings that are 40,000 sq. ft. in town. Bob said the Boulevard, Albertsons and the K-Mart center.

Commissioner Stout asked if staff has checked with other cities to see what the cutoff would be for square footage for them. Bob said it would vary in other cities. He doesnt believe there is a set square footage. Bob said they could certainly take the square footage down.

Commissioner Stout said she would like it to say 20,000 sq. ft. and add minimum lighting. Bob said the 20,000 sq. ft would be fine. Then staff can come back and amend the landscaping section for commercial zones. They would like to move forward with the design review requirements.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 10 Commercial Zones, Section 10-10-5 Special Provisions establishing a design review and approval process for commercial buildings with 40,000 sq. ft. or more. City of St. George initiated, with the recommendation to reduce the size of the building to 20,000 sq. ft. Commissioner Campbell seconded the motion. All voted aye.


Chairman Almquist said item 7A would be next but seeing that item 6 was tabled regarding the same site then they need to table item 7A.

SITE PLAN & BUILDING ELEVATION

A. Consider a request for a site plan and building elevation approval for a proposed town home development (Oasis at Hidden Valley) located at the vicinity of Hidden Valley Drive and Price Hills Drive, west of Desert Hills Drive. Sean Glather, applicant. Case No. 2005-SPBE-005



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MOTION: Commissioner Stout made a motion to table item 7A. Commissioner Bracken seconded the motion. All voted aye.


B. Consider a request for site plan and building elevation approval for a proposed ANB Bank within the I-15 right-of-way located on the west side of Convention Center Drive at approximately 1600 South, between Jack In The Box and the Fairfield Inn by Marriott. Mr. Russell Scott, applicant. Case No. 2005-SPBE-004

Ray Snyder presented a slide presentation of the site. This request was reviewed at the Planning Staff Review meeting held on May 24, 2005. Curb, gutter, sidewalk, and street exist in front of this vacant lot. The applicant is proposing to construct a 9,080 sq. ft. single story financial bank. Two driveways are proposed and one would be a shared driveway with Fairfield Inn.

Commissioner Campbell asked if there is an issue with driveways lining up with other driveways across the street. Ray said he hasnt looked at that. Commissioner Campbell said that is something that needs to be looked at. Commissioner Campbell said the second issue is about stacked distance for the drive-up tellers. That could be a traffic issue. This is something that needs to be addressed. Commissioner Stout said move the drive-up area up the south area.

Cathy Hasfurther City Engineer, said Aron Baker City Traffic Engineer met with the ANB representatives because of the concerns engineering had, and he may need to go back and let him see this letter because from his understanding they were only going to do commercial lending. He didnt know they were doing full service for this bank.

Kay Bringhurst with Alpha Engineering said he doesnt know for a fact that this will be a full service bank. They can look at the drive-up and see if they can work it out differently.

Troy Belliston said they do push development and mortgage lending. The full service is not their intent. The west side driveway lines up with Newby. The east side drive doesnt line up with anything across the street.

Commissioner Taylor said this is a facility that may get larger in time. Commissioner Campbell said they are approving a bank not ANB Bank. Commissioner Stout said you dont put in four drive-up lanes and not intend to use them. Commissioner Clayton said they need to come back with some modifications if this to be used as a full size bank.

Kay Bringhurst said Aron Baker indicated they would not need a traffic study. But if they need to do one they can. They could do away with the second access.
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Commissioner Campbell said the second access is not in question. What is the question is the drive-up lanes and the stacking not to occur.

Commissioner Campbell said the drive-in could be the single one-way and the drive-out could be the parking. Also, move the teller to the west to prevent the stacking.

Troy asked if there are any ordinance or criteria that the Planning Commission would want as far as stacking. The client is ready to submit completed plans to the Engineering Dept. They would like to not have to modify the building as they have completed plans to submit.

Commissioner Taylor said the real issue is they are building a bank. You need to look for ways to avoid the stacking and they havent.

Chairman Almquist said if the building plans show it situation exactly on the lot or can it just be the building no matter where it sits on the lot. Bob replied that if the Planning Commission makes a motion then they would have to submit a plan that conforms to that. He knows they are anxious to get underway. So he thinks that the Planning Commission should make their recommendations and have this move on.

Bob Nicholson said if this was on St. George Blvd or Sunset you wouldnt be looking at it. This is on the agenda to have buildings to look good on the freeway.

MOTION: Commissioner Campbell made a motion for approval of a request for site plan and building elevation approval for a proposed ANB Bank within the I-15 right-of-way located on the west side of Convention Center Drive at approximately 1600 South, between Jack In The Box and the Fairfield Inn by Marriott. Mr. Russell Scott, applicant, with the following modifications that the site designer move the teller to the southwest to increase the stacking distance, the drive on the north side of the site be made a narrow one way and the drive on the south be made the two-way for parking. Staff looks into traffic situation to determine if the stacking is sufficient after those recommendations. Commissioner Taylor seconded the motion. All voted aye.


Commissioner Clayton stepped down due to conflict of interest on the next item.







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HILLSIDE DEVELOPMENT PERMIT

Consider a request for a hillside development permit for a proposed subdivision located 2450 South and approximately 1400 East, south of Tamarack Ridge and west of River Crest Subdivision off of River Road. Mr. Korey Kinder, representative for Ence Homes. Case No. 2004-HS-002

Mark Bradley said this hillside development permit is for a proposed residential development. The request made a year ago was for a town home development associated with a zone change. The zone change was tabled so the hillside plans were not considered at the time. Since that time, the applicant has decided to develop the site with the existing R-1-10 zoning.

Mark said the Hillside Review Board recommends approval of the revised plans for a hillside development permit subject to: 1) landscaping and landscaping plan, 2) restoration bond in place prior to obtaining a grading permit, 3) obtaining a grading permit before any further work is done, 4) a 10-foot bench, and 5) a minimum of 30-40 trees (15 gallon/1 caliper trees) planted on the bench with a drip system installed. Mark said these are the same conditions that were recommended a year ago.

Mark said that is all he has unless the board would want him to continue on with their preliminary plat for this subdivision. Chairman Almquist said lets continue on with the preliminary plat.

PRELIMINARY PLATS

A. Consider a preliminary plat request for Desert Shadow at Painted Desert with 13 single-family lots located off 2450 South at approximately 1350 East. Mr. Korey Kinder, representative for Ence Homes. Case No. 2005-PP-028

Mark said this goes along with Hillside item they just heard. This is to create a preliminary plat of 13 single-family residential lots. This site is located at the base of the Tamarack Ridge nestled between three subdivisions: Tamarack Ridge Estates, River Crest, and Painted Desert.

Mark said the only recommendations staff has is, 1) subject to the hillside development permit conditions, 2) Lot 13 requires a minimum lot size of 10,000 sq. ft., 3) privacy wall setback shall be 10 ft. from sidewalk, and 4) establish a homeowners association to maintain the landscape strip (including street trees) along 2450 South Street.


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Chairman Almquist asked if the applicant had anything to add. Vince Clayton said all the conditions are fine.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed subdivision located 2450 South and approximately 1400 East, south of Tamarack Ridge and west of River Crest Subdivision off of River Road. Mr. Korey Kinder, representative for Ence Homes, subject to the Hillside Review Boards five conditions and they plant 40 trees. Commissioner Burks seconded the motion. All voted aye.


MOTION: Commissioner Stout made a motion a preliminary plat request for Desert Shadow at Painted Desert with 13 single-family lots located off 2450 South at approximately 1350 East. Mr. Korey Kinder, representative for Ence Homes, subject to the four conditions on the staff report. Commissioner Burks seconded the motion. All voted aye.


Commissioner Clayton returned to his seat on the Planning Commission Board.

B. Consider a preliminary plat request for The Cliffs of Snow Canyon Plat H with 34 single-family lots located east of Snow Canyon Parkway at approximately 3052 North. Mr. Clive Winn, representative for Snow Cliffs Development, LC. Case No. 2005-PP-031

Mark Bradley said this is in the southeast corner. They left out a lot as committed by Mr. Randy Deschamps until everything is resolved with that access issue. Mark explained the significant drainage issues with this site. Comply with hillside standards, applicant provided topography contours, staff recommended a 20 ft. setback and applicant has provided. Mark said the site received a hillside development permit on March 17, 2005. The following is the approval language: Approval of the plans accepting the revised plan for lots 207-209 with the stipulation that the buildings fit within the designated pad areas as taped off - site specific grading for each pad, contractors not encroach outside of the roadway, and use of the orange grid grading fence to protect the area to remain undisturbed.

Mark said one of the comments from staff is that they comply with the Hillside standards just as a reinforcement. In the report it talks about the applicants would provide the staff with existing topography which they have showing the contours. Staffs request is to have a 20 ft. setback from the top of the bank from where the dwelling will be, to help with the setback for erosion and other things. The Planning Commission needs to be comfortable with filling in the wash.



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Rick Smith representing The Cliffs of Snow Canyon said they did all the calculations for the pipe size. He said they can put all the 100 year events through a 60 inch pipe. AGEC has given them erosion protection plans that they have done on Sand Hollow Wash.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a preliminary plat request for The Cliffs of Snow Canyon Plat H with 34 single-family lots located east of Snow Canyon Parkway at approximately 3052 North. Mr. Clive Winn, representative for Snow Cliffs Development, LC., subject to staffs recommendations. Commissioner Burks seconded the motion. All voted aye.


MINOR SUBDIVISION

Consider a request for a minor subdivision with 3 lots (portion of Trendwest Resort) located within a Planned Development zone off of Plantations Drive. Mr. Jeff Chapman, applicant. Case No. 2005-MS-001

Bob Nicholson said the applicant is not here tonight but they met with him and Deputy City Attorney Ron Read, and as he recalls, it was a financing issue. State law allows for a minor subdivision for 9 or few lots on an existing dedicated road. So that is what they are pursing on this 3 lot subdivision on Trendwest. Staff recommends approval on the stipulation to resolve a strip of land apparently between their property and the right-of-way.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a minor subdivision with 3 lots (portion of Trendwest Resort) located within a Planned Development zone off of Plantations Drive. Mr. Jeff Chapman, applicant, provided that staffs comments are met. Commissioner Clayton seconded the motion. All voted aye.


LOT SPLIT

Consider a request to divide a parcel of land (Lot 1, Mill Creek Commercial Center) into two parcels located at the northwest corner of 3050 East and 880 North intersection, north of Costco. White Hills LC, applicant. Case No. 2005-LS-005

Ray Snyder said this is a routine lot split. This property is not within a recorded subdivision. If the lot split is approved the applicant shall sign the documents for the granting the easements. Staff recommends the following conditions be applied: 1) provide separate deeds for each parcel, 2) provide legal descriptions for each lot, 3) a utilities and drainage easement shall be completed, notarized, and recorded, and 4) the applicant shall submit for review all legal documents to the City Attorneys Office.

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MOTION: Commissioner Stout made a motion to recommend to City Council approval of a request to divide a parcel of land (Lot 1, Mill Creek Commercial Center) into two parcels located at the northwest corner of 3050 East and 880 North intersection, north of Costco. White Hills LC, applicant, subject to the 4 conditions from staff. Commissioner Clayton seconded the motion. All voted aye.


LOT FRONTAGE UPON A PRIVATE STREET

Consider a request to build a home with the lot frontage upon a private street located east of SR 18 (U-18) at approximately 4200 North. Mr. Lee Snow, applicant. Case No. 2005-LF-001

Bob Nicholson stated that Mr. Snow has 20 acres on north U-18. He is proposing to build on a private lane which requires Planning Commission approval. It is just one home. The applicant plans to pave the private lane (street) and there will be a fire hydrant required.

Mr. Snow said he only has the right-of-way for the private road. He said the road is 12 ft. but he will put in a paved 25 ft. road.

MOTION: Commissioner Taylor made a motion to approve a request to build a home with the lot frontage upon a private street located east of SR 18 (U-18) at approximately 4200 North. Mr. Lee Snow, applicant, with the understanding of that Mr. Snow has the responsibility for the paving that is required. Commissioner Stout seconded the motion.

Deputy City Attorney Ron Read said he needs to review the easement. He also said they might be able to get less than 25 ft. if it meets ordinance. Commissioner Taylor and Commissioner Stout accepted that as part of their motion. All voted aye.


SHARED PARKING

Consider a shared parking agreement request between Phoenix Plaza and the vacant lot adjacent to and immediately west of the Phoenix Plaza. Mr. and Mrs. Michael and Debra Robertson, applicant. Case No. 2005-SHP-002

Ray Snyder presented this item. The applicant has purchased the empty lot next to the Phoenix Plaza. The main reason for this request is so they can add another restaurant. The applicant of Phoenix Plaza proposes to purchase the adjacent vacant lot, pave it, stripe it, and landscape it. The improved lot would have parking to support a future retail building plus additional spaces to allow a shared agreement with Phoenix Plaza.

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Commissioner Burks asked where will the opening be for persons to get access into Phoenix Plaza? Ray showed how they can walk through an area. Commissioner Burks said he has looked at this area and he doesnt see how this will work. Commissioner Burks said he would like to have the applicant here to address this concern.

Commissioner Campbell asked does this additional parking count for the new building and the restaurant? Ray said Phoenix Plaza has just enough parking to support what they have now. If they have a space that is supported by retail and they change it to a restaurant then they dont have enough parking.

MOTION: Commissioner Clayton made a motion to table this item until they have an applicant present to answer questions. Commissioner Bracken seconded the motion. All voted aye.


MINUTES

Consider approval of the Planning Commission minutes of the meeting of June 14 and 28, 2005.

MOTION: Commissioner Clayton made a motion to approve the meetings for June 14 and June 28, 2005. Commissioner Burks seconded the motion. All voted aye.


Meeting adjourned at 10:00 p.m.